42 U.S. Code § 654 - State plan for child and spousal support

(1)provide that it shall be in effect in all political subdivisions of the State;

(2)provide for financial participation by the State;

(3)provide for the establishment or designation of a single and separate organizational unit, which meets such staffing and organizational requirements as the Secretary may by regulation prescribe, within the State to administer the plan;

(4)provide that the State will—

(A)provide services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations, as appropriate, under the plan with respect to—

(i)each child for whom

(I) assistance is provided under the State program funded under part A of this subchapter,

(II) benefits or services for foster care maintenance are provided under the State program funded under part E of this subchapter,

(III) medical assistance is provided under the State plan approved under subchapter XIX of this chapter, or

(IV) cooperation is required pursuant to section
2015(l)(1) of title
7, unless, in accordance with paragraph (29), good cause or other exceptions exist;

(ii)any other child, if an individual applies for such services with respect to the child; and

(B)enforce any support obligation established with respect to—

(i)a child with respect to whom the State provides services under the plan; or

(ii)the custodial parent of such a child;

(5)provide that

(A) in any case in which support payments are collected for an individual with respect to whom an assignment pursuant to section
608(a)(3) of this title is effective, such payments shall be made to the State for distribution pursuant to section
657 of this title and shall not be paid directly to the family, and the individual will be notified on a monthly basis (or on a quarterly basis for so long as the Secretary determines with respect to a State that requiring such notice on a monthly basis would impose an unreasonable administrative burden) of the amount of the support payments collected, and

(B) in any case in which support payments are collected for an individual pursuant to the assignment made under section
1396k of this title, such payments shall be made to the State for distribution pursuant to section
1396k of this title, except that this clause shall not apply to such payments for any month after the month in which the individual ceases to be eligible for medical assistance;

(6)provide that—

(A)services under the plan shall be made available to residents of other States on the same terms as to residents of the State submitting the plan;

(B)

(i)an application fee for furnishing such services shall be imposed on an individual, other than an individual receiving assistance under a State program funded under part A or E of this subchapter, or under a State plan approved under subchapter XIX of this chapter, or who is required by the State to cooperate with the State agency administering the program under this part pursuant to subsection (l) or (m) ofsection
2015 of title 7, and shall be paid by the individual applying for such services, or recovered from the absent parent, or paid by the State out of its own funds (the payment of which from State funds shall not be considered as an administrative cost of the State for the operation of the plan, and shall be considered income to the program), the amount of which

(I) will not exceed $25 (or such higher or lower amount (which shall be uniform for all States) as the Secretary may determine to be appropriate for any fiscal year to reflect increases or decreases in administrative costs), and

(II) may vary among such individuals on the basis of ability to pay (as determined by the State); and

(ii)in the case of an individual who has never received assistance under a State program funded under part A and for whom the State has collected at least $500 of support, the State shall impose an annual fee of $25 for each case in which services are furnished, which shall be retained by the State from support collected on behalf of the individual (but not from the first $500 so collected), paid by the individual applying for the services, recovered from the absent parent, or paid by the State out of its own funds (the payment of which from State funds shall not be considered as an administrative cost of the State for the operation of the plan, and the fees shall be considered income to the program);

(C)a fee of not more than $25 may be imposed in any case where the State requests the Secretary of the Treasury to withhold past-due support owed to or on behalf of such individual from a tax refund pursuant to section
664(a)(2) of this title;

(D)a fee (in accordance with regulations of the Secretary) for performing genetic tests may be imposed on any individual who is not a recipient of assistance under a State program funded under part A of this subchapter; and

(E)any costs in excess of the fees so imposed may be collected—

(i)from the parent who owes the child or spousal support obligation involved; or

(ii)at the option of the State, from the individual to whom such services are made available, but only if such State has in effect a procedure whereby all persons in such State having authority to order child or spousal support are informed that such costs are to be collected from the individual to whom such services were made available;

(7)provide for entering into cooperative arrangements with appropriate courts and law enforcement officials and Indian tribes or tribal organizations (as defined in subsections (e) and (l) ofsection
450b of title 25)

(A) to assist the agency administering the plan, including the entering into of financial arrangements with such courts and officials in order to assure optimum results under such program, and

(B) with respect to any other matters of common concern to such courts or officials and the agency administering the plan;

(8)provide that, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or making or enforcing a child custody or visitation determination, as defined in section
663(d)(1) of this title the agency administering the plan will establish a service to locate parents utilizing—

(A)all sources of information and available records; and

(B)the Federal Parent Locator Service established under section
653 of this title,

and shall, subject to the privacy safeguards required under paragraph (26), disclose only the information described in sections
653 and
663 of this title to the authorized persons specified in such sections for the purposes specified in such sections;

(9)provide that the State will, in accordance with standards prescribed by the Secretary, cooperate with any other State—

(A)in establishing paternity, if necessary;

(B)in locating a noncustodial parent residing in the State (whether or not permanently) against whom any action is being taken under a program established under a plan approved under this part in another State;

(C)in securing compliance by a noncustodial parent residing in such State (whether or not permanently) with an order issued by a court of competent jurisdiction against such parent for the support and maintenance of the child or children or the parent of such child or children with respect to whom aid is being provided under the plan of such other State;

(D)in carrying out other functions required under a plan approved under this part; and

(E)not later than March 1, 1997, in using the forms promulgated pursuant to section
652(a)(11) of this title for income withholding, imposition of liens, and issuance of administrative subpoenas in interstate child support cases;

(10)provide that the State will maintain a full record of collections and disbursements made under the plan and have an adequate reporting system;

(11)

(A)provide that amounts collected as support shall be distributed as provided in section
657 of this title; and

(B)provide that any payment required to be made under section
656 or
657 of this title to a family shall be made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children;

(12)provide for the establishment of procedures to require the State to provide individuals who are applying for or receiving services under the State plan, or who are parties to cases in which services are being provided under the State plan—

(A)with notice of all proceedings in which support obligations might be established or modified; and

(B)with a copy of any order establishing or modifying a child support obligation, or (in the case of a petition for modification) a notice of determination that there should be no change in the amount of the child support award, within 14 days after issuance of such order or determination;

(13)provide that the State will comply with such other requirements and standards as the Secretary determines to be necessary to the establishment of an effective program for locating noncustodial parents, establishing paternity, obtaining support orders, and collecting support payments and provide that information requests by parents who are residents of other States be treated with the same priority as requests by parents who are residents of the State submitting the plan;

(14)

(A)comply with such bonding requirements, for employees who receive, disburse, handle, or have access to, cash, as the Secretary shall by regulations prescribe;

(B)maintain methods of administration which are designed to assure that persons responsible for handling cash receipts shall not participate in accounting or operating functions which would permit them to conceal in the accounting records the misuse of cash receipts (except that the Secretary shall by regulations provide for exceptions to this requirement in the case of sparsely populated areas where the hiring of unreasonable additional staff would otherwise be necessary);

(15)provide for—

(A)a process for annual reviews of and reports to the Secretary on the State program operated under the State plan approved under this part, including such information as may be necessary to measure State compliance with Federal requirements for expedited procedures, using such standards and procedures as are required by the Secretary, under which the State agency will determine the extent to which the program is operated in compliance with this part; and

(B)a process of extracting from the automated data processing system required by paragraph (16) and transmitting to the Secretary data and calculations concerning the levels of accomplishment (and rates of improvement) with respect to applicable performance indicators (including paternity establishment percentages) to the extent necessary for purposes of sections
652(g) and
658a of this title;

(16)provide for the establishment and operation by the State agency, in accordance with an (initial and annually updated) advance automated data processing planning document approved under section
652(d) of this title, of a statewide automated data processing and information retrieval system meeting the requirements of section
654a of this title designed effectively and efficiently to assist management in the administration of the State plan, so as to control, account for, and monitor all the factors in the support enforcement collection and paternity determination process under such plan;

(17)provide that the State will have in effect an agreement with the Secretary entered into pursuant to section
663 of this title for the use of the Parent Locator Service established under section
653 of this title, and provide that the State will accept and transmit to the Secretary requests for information authorized under the provisions of the agreement to be furnished by such Service to authorized persons, will impose and collect (in accordance with regulations of the Secretary) a fee sufficient to cover the costs to the State and to the Secretary incurred by reason of such requests, will transmit to the Secretary from time to time (in accordance with such regulations) so much of the fees collected as are attributable to such costs to the Secretary so incurred, and during the period that such agreement is in effect will otherwise comply with such agreement and regulations of the Secretary with respect thereto;

(18)provide that the State has in effect procedures necessary to obtain payment of past-due support from overpayments made to the Secretary of the Treasury as set forth in section
664 of this title, and take all steps necessary to implement and utilize such procedures;

(19)provide that the agency administering the plan—

(A)shall determine on a periodic basis, from information supplied pursuant to section 508 of the Unemployment Compensation Amendments of 1976, whether any individuals receiving compensation under the State’s unemployment compensation law (including amounts payable pursuant to any agreement under any Federal unemployment compensation law) owe child support obligations which are being enforced by such agency; and

(B)shall enforce any such child support obligations which are owed by such an individual but are not being met—

(i)through an agreement with such individual to have specified amounts withheld from compensation otherwise payable to such individual and by submitting a copy of any such agreement to the State agency administering the unemployment compensation law; or

(ii)in the absence of such an agreement, by bringing legal process (as defined in section
659(i)(5) of this title) to require the withholding of amounts from such compensation;

(20)provide, to the extent required by section
666 of this title, that the State

(A) shall have in effect all of the laws to improve child support enforcement effectiveness which are referred to in that section, and

(B) shall implement the procedures which are prescribed in or pursuant to such laws;

(21)

(A)at the option of the State, impose a late payment fee on all overdue support (as defined in section
666(e) of this title) under any obligation being enforced under this part, in an amount equal to a uniform percentage determined by the State (not less than 3 percent nor more than 6 percent) of the overdue support, which shall be payable by the noncustodial parent owing the overdue support; and

(B)assure that the fee will be collected in addition to, and only after full payment of, the overdue support, and that the imposition of the late payment fee shall not directly or indirectly result in a decrease in the amount of the support which is paid to the child (or spouse) to whom, or on whose behalf, it is owed;

(22)in order for the State to be eligible to receive any incentive payments under section
658a of this title, provide that, if one or more political subdivisions of the State participate in the costs of carrying out activities under the State plan during any period, each such subdivision shall be entitled to receive an appropriate share (as determined by the State) of any such incentive payments made to the State for such period, taking into account the efficiency and effectiveness of the activities carried out under the State plan by such political subdivision;

(23)provide that the State will regularly and frequently publicize, through public service announcements, the availability of child support enforcement services under the plan and otherwise, including information as to any application fees for such services and a telephone number or postal address at which further information may be obtained and will publicize the availability and encourage the use of procedures for voluntary establishment of paternity and child support by means the State deems appropriate;

(24)provide that the State will have in effect an automated data processing and information retrieval system—

(A)by October 1, 1997, which meets all requirements of this part which were enacted on or before October 13, 1988; and

(B)by October 1, 2000, which meets all requirements of this part enacted on or before August 22, 1996, except that such deadline shall be extended by 1 day for each day (if any) by which the Secretary fails to meet the deadline imposed by section 344(a)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;

(25)provide that if a family with respect to which services are provided under the plan ceases to receive assistance under the State program funded under part A of this subchapter, the State shall provide appropriate notice to the family and continue to provide such services, subject to the same conditions and on the same basis as in the case of other individuals to whom services are furnished under the plan, except that an application or other request to continue services shall not be required of such a family and paragraph (6)(B) shall not apply to the family;

(26)have in effect safeguards, applicable to all confidential information handled by the State agency, that are designed to protect the privacy rights of the parties, including—

(A)safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity, or to establish, modify, or enforce support, or to make or enforce a child custody determination;

(B)prohibitions against the release of information on the whereabouts of 1 party or the child to another party against whom a protective order with respect to the former party or the child has been entered;

(C)prohibitions against the release of information on the whereabouts of 1 party or the child to another person if the State has reason to believe that the release of the information to that person may result in physical or emotional harm to the party or the child;

(D)in cases in which the prohibitions under subparagraphs (B) and (C) apply, the requirement to notify the Secretary, for purposes of section
653(b)(2) of this title, that the State has reasonable evidence of domestic violence or child abuse against a party or the child and that the disclosure of such information could be harmful to the party or the child; and

(E)procedures providing that when the Secretary discloses information about a parent or child to a State court or an agent of a State court described in section
653(c)(2) or
663(d)(2)(B) of this title, and advises that court or agent that the Secretary has been notified that there is reasonable evidence of domestic violence or child abuse pursuant to section
653(b)(2) of this title, the court shall determine whether disclosure to any other person of information received from the Secretary could be harmful to the parent or child and, if the court determines that disclosure to any other person could be harmful, the court and its agents shall not make any such disclosure;

(27)provide that, on and after October 1, 1998, the State agency will—

(A)operate a State disbursement unit in accordance with section
654b of this title; and

(B)have sufficient State staff (consisting of State employees) and (at State option) contractors reporting directly to the State agency to—

(i)monitor and enforce support collections through the unit in cases being enforced by the State pursuant to paragraph (4) (including carrying out the automated data processing responsibilities described in section
654a(g) of this title); and

(ii)take the actions described in section
666(c)(1) of this title in appropriate cases;

(28)provide that, on and after October 1, 1997, the State will operate a State Directory of New Hires in accordance with section
653a of this title;

(29)provide that the State agency responsible for administering the State plan—

(A)shall make the determination (and redetermination at appropriate intervals) as to whether an individual who has applied for or is receiving assistance under the State program funded under part A of this subchapter, the State program under part E of this subchapter, the State program under subchapter XIX of this chapter, or the supplemental nutrition assistance program, as defined under section
2012(l) of title
7, is cooperating in good faith with the State in establishing the paternity of, or in establishing, modifying, or enforcing a support order for, any child of the individual by providing the State agency with the name of, and such other information as the State agency may require with respect to, the noncustodial parent of the child, subject to good cause and other exceptions which—

(i)in the case of the State program funded under part A of this subchapter, the State program under part E of this subchapter, or the State program under subchapter XIX of this chapter shall, at the option of the State, be defined, taking into account the best interests of the child, and applied in each case, by the State agency administering such program; and

(ii)in the case of the supplemental nutrition assistance program, as defined under section
2012(l) of title
7, shall be defined and applied in each case under that program in accordance with section
2015(l)(2) of title
7;

(C)shall require the individual and the child to submit to genetic tests pursuant to judicial or administrative order;

(D)may request that the individual sign a voluntary acknowledgment of paternity, after notice of the rights and consequences of such an acknowledgment, but may not require the individual to sign an acknowledgment or otherwise relinquish the right to genetic tests as a condition of cooperation and eligibility for assistance under the State program funded under part A of this subchapter, the State program under part E of this subchapter, the State program under subchapter XIX of this chapter, or the supplemental nutrition assistance program, as defined under section
2012(l) of title
7; and

(E)shall promptly notify the individual and the State agency administering the State program funded under part A of this subchapter, the State agency administering the State program under part E of this subchapter, the State agency administering the State program under subchapter XIX of this chapter, or the State agency administering the supplemental nutrition assistance program, as defined under section
2012(l) of title
7, of each such determination, and if noncooperation is determined, the basis therefor;

(30)provide that the State shall use the definitions established under section
652(a)(5) of this title in collecting and reporting information as required under this part;

(31)provide that the State agency will have in effect a procedure for certifying to the Secretary, for purposes of the procedure under section
652(k) of this title, determinations that individuals owe arrearages of child support in an amount exceeding $2,500, under which procedure—

(A)each individual concerned is afforded notice of such determination and the consequences thereof, and an opportunity to contest the determination; and

(B)the certification by the State agency is furnished to the Secretary in such format, and accompanied by such supporting documentation, as the Secretary may require;

(32)

(A)provide that any request for services under this part by a foreign reciprocating country or a foreign country with which the State has an arrangement described in section
659a(d) of this title shall be treated as a request by a State;

(B)provide, at State option, notwithstanding paragraph (4) or any other provision of this part, for services under the plan for enforcement of a spousal support order not described in paragraph (4)(B) entered by such a country (or subdivision); and

(C)provide that no applications will be required from, and no costs will be assessed for such services against, the foreign reciprocating country or foreign obligee (but costs may at State option be assessed against the obligor);

(33)provide that a State that receives funding pursuant to section
628 of this title and that has within its borders Indian country (as defined in section
1151 of title
18) may enter into cooperative agreements with an Indian tribe or tribal organization (as defined in subsections (e) and (l) ofsection
450b of title 25), if the Indian tribe or tribal organization demonstrates that such tribe or organization has an established tribal court system or a Court of Indian Offenses with the authority to establish paternity, establish, modify, or enforce support orders, or to enter support orders in accordance with child support guidelines established or adopted by such tribe or organization, under which the State and tribe or organization shall provide for the cooperative delivery of child support enforcement services in Indian country and for the forwarding of all collections pursuant to the functions performed by the tribe or organization to the State agency, or conversely, by the State agency to the tribe or organization, which shall distribute such collections in accordance with such agreement; and

(34)include an election by the State to apply section
657(a)(2)(B) of this title or former section
657(a)(2)(B) of this title (as in effect for the State immediately before the date this paragraph first applies to the State) to the distribution of the amounts which are the subject of such sections and, for so long as the State elects to so apply such former section, the amendments made by subsection (b)(1) ofsection
7301 of the Deficit Reduction Act of 2005 shall not apply with respect to the State, notwithstanding subsection (e) of such section
7301.

The State may allow the jurisdiction which makes the collection involved to retain any application fee under paragraph (6)(B) or any late payment fee under paragraph (21). Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before August 22, 1996, nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawfully exercised under section
1322 of title
25.

Section 508 of the Unemployment Compensation Amendments of 1976, referred to in par. (19), is section 508 ofPub. L. 94–566, Oct. 20, 1976, 90 Stat. 2689, which enacted section
603a of this title and amended section
49b of Title
29, Labor.

Section 344(a)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in par. (24), is section 344(a)(3) ofPub. L. 104–193, which is set out as a Regulations note under section
654a of this title.

Section
2012(l) of title
7, referred to in par. (29), is section 3(l) of the Food and Nutrition Act of 2008, which is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. Section 3(l) of this Act was struck out by Pub. L. 113–79, title IV, § 4030(a)(3),Feb. 7, 2014, 128 Stat. 813, and provisions similar to those in former subsec. (l) are now contained in section 3(t) of this Act, classified to section
2012(t) of Title
7.

Section 7301 of the Deficit Reduction Act of 2005, referred to in par. (34), is section 7301 ofPub. L. 109–171, title VII, Feb. 8, 2006, 120 Stat. 141. Subsec. (b)(1) ofsection
7301 of Pub. L. 109–171amended this section and section
657 of this title. Subsec. (e) ofsection
7301 of Pub. L. 109–171is set out as an Effective Date of 2006 Amendment note under section
608 of this title.

2008—Pars. (4)(A)(i)(IV), (6)(B)(i). Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), made technical amendment to references in original act which appear in text as references to sections
2015(l)(1) and
2015 of title
7.

Par. (6)(B). Pub. L. 105–33, § 5531(a), substituted “an individual, other than an individual receiving assistance under a State program funded under part A or E of this subchapter, or under a State plan approved under subchapter XIX of this chapter, or who is required by the State to cooperate with the State agency administering the program under this part pursuant to subsection (l) or (m) ofsection
2015 of title 7, and” for “individuals not receiving assistance under any State program funded under part A of this subchapter, which”.

Pub. L. 105–33, § 5552(1)(A), in introductory provisions, inserted “, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or making or enforcing a child custody or visitation determination, as defined in section
663(d)(1) of this title” after “provide that” and struck out “noncustodial” before “parents”.

“(i) shall be defined, taking into account the best interests of the child, and

“(ii) shall be applied in each case,

by, at the option of the State, the State agency administering the State program under part A of this subchapter, this part, or subchapter XIX of this chapter;”.

Pub. L. 105–33, § 5548(b)(1)(A), in introductory provisions, substituted “part A of this subchapter, the State program under part E of this subchapter, the State program under subchapter XIX of this chapter, or the food stamp program, as defined under section
2012(h) of title
7,” for “part A of this subchapter or the State program under subchapter XIX of this chapter”.

Par. (29)(D). Pub. L. 105–33, § 5548(b)(2), substituted “the State program under part E of this subchapter, the State program under subchapter XIX of this chapter, or the food stamp program, as defined under section
2012(h) of title
7” for “or the State program under subchapter XIX of this chapter”.

Par. (29)(E). Pub. L. 105–33, § 5548(b)(3), substituted “individual and the State agency administering the State program funded under part A of this subchapter, the State agency administering the State program under part E of this subchapter, the State agency administering the State program under subchapter XIX of this chapter, or the State agency administering the food stamp program, as defined under section
2012(h) of title
7,” for “individual, the State agency administering the State program funded under part A of this subchapter, and the State agency administering the State program under subchapter XIX of this chapter,”.

Par. (33). Pub. L. 105–33, § 5546(a), substituted “or enforce support orders, or” for “and enforce support orders, and”, “guidelines established or adopted by such tribe or organization” for “guidelines established by such tribe or organization”, “all collections” for “all funding collected”, and “such collections” for “such funding”.

1996—Pub. L. 104–193, § 375(a)(4), inserted at end of closing provisions “Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before August 22, 1996, nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawfully exercised under section
1322 of title
25.”

“(A) in the case of a child born out of wedlock with respect to whom an assignment under section
602(a)(26) of this title or section
1396k of this title is effective, to establish the paternity of such child, unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section
602(a)(26)(B) of this title that it is against the best interests of the child to do so, or, in the case of such a child with respect to whom an assignment under section
1396k of this title is in effect, the State agency administering the plan approved under subchapter XIX of this chapter determines pursuant to section
1396k(a)(1)(B) of this title that it is against the best interests of the child to do so, and

“(B) in the case of any child with respect to whom such assignment is effective, including an assignment with respect to a child on whose behalf a State agency is making foster care maintenance payments under part E of this subchapter, to secure support for such child from his parent (or from any other person legally liable for such support), and from such parent for his spouse (or former spouse) receiving aid to families with dependent children or medical assistance under a State plan approved under subchapter XIX of this chapter (but only if a support obligation has been established with respect to such spouse, and only if the support obligation established with respect to the child is being enforced under the plan), utilizing any reciprocal arrangements adopted with other States (unless the agency administering the plan of the State under part A or E of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section
602(a)(26)(B) of this title that it is against the best interests of the child to do so), except that when such arrangements and other means have proven ineffective, the State may utilize the Federal courts to obtain or enforce court orders for support;”.

Par. (5)(A). Pub. L. 104–193, § 108(c)(11), substituted “pursuant to section
608(a)(3) of this title” for “under section
602(a)(26) of this title” and “payments collected,” for “payments collected; except that this paragraph shall not apply to such payments for any month following the first month in which the amount collected is sufficient to make such family ineligible for assistance under the State plan approved under part A of this subchapter;”.

Par. (6)(A). Pub. L. 104–193, § 301(a)(2)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “the child support collection or paternity determination services established under the plan shall be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State, including support collection services for the spouse (or former spouse) with whom the absent parent’s child is living (but only if a support obligation has been established with respect to such spouse, and only if the support obligation established with respect to the child is being enforced under the plan),”.

Par. (6)(B). Pub. L. 104–193, § 301(a)(2)(C), (D), inserted “on individuals not receiving assistance under any State program funded under part A of this subchapter” after “such services shall be imposed”, realigned margins, and substituted semicolon for comma at end.

Par. (13). Pub. L. 104–193, §§ 316(g)(1)(B),
395(d)(1)(D), substituted “noncustodial parents” for “absent parents” and inserted before semicolon at end “and provide that information requests by parents who are residents of other States be treated with the same priority as requests by parents who are residents of the State submitting the plan”.

Par. (16). Pub. L. 104–193, § 344(a)(1), as amended by Pub. L. 105–33, § 5556(b), struck out “, at the option of the State,” before “for the establishment”, inserted “and operation by the State agency” after “for the establishment” and “meeting the requirements of section
654a of this title” after “information retrieval system”, substituted “so as to control” for “in the State and localities thereof, so as (A) to control”, struck out “(i)” before “all the factors in the support enforcement collection”, and struck out before semicolon at end “(including, but not limited to, (I) identifiable correlation factors (such as social security numbers, names, dates of birth, home addresses and mailing addresses (including postal ZIP codes) of any individual with respect to whom support obligations are sought to be established or enforced and with respect to any person to whom such support obligations are owing) to assure sufficient compatibility among the systems of different jurisdictions to permit periodic screening to determine whether such individual is paying or is obligated to pay support in more than one jurisdiction, (II) checking of records of such individuals on a periodic basis with Federal, intra- and inter-State, and local agencies, (III) maintaining the data necessary to meet the Federal reporting requirements on a timely basis, and (IV) delinquency and enforcement activities), (ii) the collection and distribution of support payments (both intra- and inter-State), the determination, collection, and distribution of incentive payments both inter- and intra-State, and the maintenance of accounts receivable on all amounts owed, collected and distributed, and (iii) the costs of all services rendered, either directly or by interfacing with State financial management and expenditure information, (B) to provide interface with records of the State’s aid to families with dependent children program in order to determine if a collection of a support payment causes a change affecting eligibility for or the amount of aid under such program, (C) to provide for security against unauthorized access to, or use of, the data in such system, (D) to facilitate the development and improvement of the income withholding and other procedures required under section
666(a) of this title through the monitoring of support payments, the maintenance of accurate records regarding the payment of support, and the prompt provision of notice to appropriate officials with respect to any arrearages in support payments which may occur, and (E) to provide management information on all cases under the State plan from initial referral or application through collection and enforcement”.

Par. (23). Pub. L. 104–193, § 332, inserted “and will publicize the availability and encourage the use of procedures for voluntary establishment of paternity and child support by means the State deems appropriate” before semicolon.

Par. (24). Pub. L. 104–193, § 344(a)(4), amended par. (24) generally. Prior to amendment, par. (24) read as follows: “provide that if the State, as of October 13, 1988, does not have in effect an automated data processing and information retrieval system meeting all of the requirements of paragraph (16), the State—

“(A) will submit to the Secretary by October 1, 1991, for review and approval by the Secretary within 9 months after submittal an advance automated data processing planning document of the type referred to in such paragraph; and

“(B) will have in effect by October 1, 1997, an operational automated data processing and information retrieval system, meeting all the requirements of that paragraph, which has been approved by the Secretary;”.

1988—Par. (5)(A). Pub. L. 100–485, § 104(a), substituted “on a monthly basis (or on a quarterly basis for so long as the Secretary determines with respect to a State that requiring such notice on a monthly basis would impose an unreasonable administrative burden)” for “at least annually”.

1987—Par. (4)(A). Pub. L. 100–203, § 9142(a)(1)(A), (B), substituted “an assignment under section
602(a)(26) of this title or section
1396k of this title” for “an assignment under section
602(a)(26) of this title” and “, or, in the case of such a child with respect to whom an assignment under section
1396k of this title is in effect, the State agency administering the plan approved under subchapter XIX of this chapter determines pursuant to section
1396k(a)(1)(B) of this title that it is against the best interests of the child to do so, and” for “, and”.

Pub. L. 100–203, § 9141(a)(2), struck out “(except as provided in section
657(c) of this title)” after “apply to such payments”.

1984—Par. (4)(B). Pub. L. 98–378, § 11(b)(1), inserted “including an assignment with respect to a child on whose behalf a State agency is making foster care maintenance payments under part E of this subchapter,” after “such assignment is effective,” and inserted “or E” after “part A”.

Par. (4)(B). Pub. L. 98–378, § 12(a), substituted “, and” for “and, at the option of the State,” before “from such parent” and inserted “, and only if the support obligation established with respect to the child is being enforced under the plan”.

Par. (5). Pub. L. 98–378, § 3(e), inserted “, and the individual will be notified at least annually of the amount of the support payments collected;”.

Par. (6)(A). Pub. L. 98–378, § 12(b), struck out “, at the option of the State,” before “support collection services” and inserted “, and only if the support obligation established with respect to the child is being enforced under the plan”.

Par. (6)(B). Pub. L. 98–378, § 3(c), substituted “shall be imposed, which shall be paid by the individual applying for such services, or recovered from the absent parent, or paid by the State out of its own funds (the payment of which from State funds shall not be considered as an administrative cost of the State for the operation of the plan, and shall be considered income to the program), the amount of which (i) will not exceed $25 (or such higher or lower amount (which shall be uniform for all States) as the Secretary may determine to be appropriate for any fiscal year to reflect increases or decreases in administrative costs), and (ii) may vary among such individuals on the basis of ability to pay (as determined by the State), and” for “may be imposed, except that the amount of any such application fee shall be reasonable, as determined under regulations of the Secretary,”.

Pub. L. 98–378, § 3(f), inserted after numbered paragraphs provision that the State may allow the jurisdiction which makes the collection involved to retain any application fee under par. (6)(B) or any late payment fee under par. (21).

Par. (6). Pub. L. 97–248, § 171(a), in cl. (A) inserted provisions relating to inclusion of, at the option of the State, support collection services for the spouse or former spouse, in cl. (B) substituted “such services” for “services under the State plan (other than collection of support)”, and in cl. (C) substituted provisions relating to collection of any costs in excess of the fee imposed, for provisions relating to the State retaining any fee imposed under State law as required under former par. (19).

Pars. (18) to (20). Pub. L. 97–248, § 171(b)(1), inserted “and” at end of par. (18), struck out par. (19) relating to imposition of a fee on an individual who owes child or spousal support obligation, and redesignated par. (20) as (19).

Par. (4)(B). Pub. L. 97–35, § 2332(d)(3), substituted “such support) and, at the option of the State, from such parent for his spouse (or former spouse) receiving aid to families with dependent children (but only if a support obligation has been established with respect to such spouse), utilizing” for “such support), utilizing”.

Par. (5). Pub. L. 97–35, § 2332(d)(4), substituted “support payments” for “child support payments” and “collected for an individual” for “collected for a child”.

Par. (6)(C). Pub. L. 97–35, § 2333(a)(2), substituted “the State will retain, but only if it is the State which makes the collection, the fee imposed under State law as required under paragraph (19)” for “any costs in excess of the fee so imposed may be collected from such individual by deducting such costs from the amount of any recovery made”.

Par. (9)(C). Pub. L. 97–35, § 2332(d)(5), substituted “of the child or children or the parent of such child or children” for “of a child or children”.

1975—Par. (4)(A). Pub. L. 94–88, § 208(b), substituted “to establish the paternity of such child, unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section
602(a)(26)(B) of this title that it is against the best interests of the child to do so” for “to establish the paternity of such child”.

Par. (4)(B). Pub. L. 94–88, § 208(c), substituted “reciprocal arrangements adopted with other States (unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section
602(a)(26)(B) of this title that it is against the best interests of the child to do so)” for “reciprocal arrangements adopted with other States”.

Amendment by sections 4002(b)(1)(A), (B), (2)(V), and 4115(c)(2)(H) ofPub. L. 110–246effective Oct. 1, 2008, see section 4407 ofPub. L. 110–246, set out as a note under section
1161 of Title
2, The Congress.

Effective Date of 2006 Amendment

Amendment by section 7301(b)(1)(C) ofPub. L. 109–171effective Oct. 1, 2009, and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) ofPub. L. 109–171, set out as a note under section
608 of this title.

Pub. L. 109–171, title VII, § 7310(c),Feb. 8, 2006, 120 Stat. 148, provided that: “The amendments made by this section [amending this section and section
657 of this title] shall take effect on October 1, 2006.”

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–169effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 401(q) ofPub. L. 106–169, set out as a note under section
602 of this title.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–33effective as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5557 ofPub. L. 105–33, set out as a note under section
608 of this title.

Effective Date of 1996 Amendment

Amendment by section 108(c)(11), (12) ofPub. L. 104–193effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 ofPub. L. 104–193, as amended, set out as an Effective Date note under section
601 of this title.

Amendment by section 312(a) ofPub. L. 104–193effective Oct. 1, 1998, with limited exception for States which, as of Aug. 22, 1996, were processing the receipt of child support payments through local courts, see section 312(d) ofPub. L. 104–193, set out as an Effective Date note under section
654b of this title.

Amendment by section 342(a) ofPub. L. 104–193effective with respect to calendar quarters beginning 12 months or more after Aug. 22, 1996, see section 342(c) ofPub. L. 104–193, set out as a note under section
652 of this title.

“(1) the provisions of this title [see Tables for classification] requiring the enactment or amendment of State laws under section 466 of the Social Security Act [42 U.S.C. 666], or revision of State plans under section 454 of such Act [this section], shall be effective with respect to periods beginning on and after October 1, 1996; and

“(2) all other provisions of this title shall become effective upon the date of the enactment of this Act [Aug. 22, 1996].

“(b) Grace Period for State Law Changes.—The provisions of this title shall become effective with respect to a State on the later of—

“(1) the date specified in this title, or

“(2) the effective date of laws enacted by the legislature of such State implementing such provisions,

but in no event later than the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act [Aug. 22, 1996]. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

“(c) Grace Period for State Constitutional Amendment.—A State shall not be found out of compliance with any requirement enacted by this title if the State is unable to so comply without amending the State constitution until the earlier of—

“(1) 1 year after the effective date of the necessary State constitutional amendment; or

“(2) 5 years after the date of the enactment of this Act [Aug. 22, 1996].”

Effective Date of 1988 Amendment

Pub. L. 100–485, title I, § 104(b),Oct. 13, 1988, 102 Stat. 2348, provided that: “The amendment made by subsection (a) [amending this section] shall become effective on the first day of the first calendar quarter which begins 4 or more years after the date of the enactment of this Act [Oct. 13, 1988].”

Pub. L. 100–485, title I, § 111(f)(2),Oct. 13, 1988, 102 Stat. 2350, provided that: “The amendments made by subsections (b) and (c) [amending this section and section
666 of this title] shall become effective on the first day of the first month beginning one year or more after the date of the enactment of this Act [Oct. 13, 1988].”

“(1) Except as provided in paragraphs (2) and (3), the amendments made by this section [enacting section
666 of this title and amending this section] shall become effective on October 1, 1985.

“(2) Section 454(21) of the Social Security Act [42 U.S.C. 654(21)] (as added by subsection (d) of this section), and section 466(e) of such Act [42 U.S.C. 666(e)] (as added by subsection (b) of this section), shall be effective with respect to support owed for any month beginning after the date of the enactment of this Act [Aug. 16, 1984].

“(3) In the case of a State with respect to which the Secretary of Health and Human Services has determined that State legislation is required in order to conform the State plan approved under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] to the requirements imposed by any amendment made by this section, the State plan shall not be regarded as failing to comply with the requirements of such part solely by reason of its failure to meet the requirements imposed by such amendment prior to the beginning of the fourth month beginning after the end of the first session of the State legislature which ends on or after October 1, 1985. For purposes of the preceding sentence, the term ‘session’ means a regular, special, budget, or other session of a State legislature.”

Pub. L. 98–378, § 5(c)(1),Aug. 16, 1984, 98 Stat. 1314, provided that: “The amendments made by the preceding provisions of this section [amending this section and section
658 of this title] shall become effective on October 1, 1985.”

Pub. L. 98–378, § 6(c),Aug. 16, 1984, 98 Stat. 1315, provided that: “The amendments made by this section [amending this section and section
655 of this title] shall apply with respect to quarters beginning on or after October 1, 1984.”

Pub. L. 98–378, § 11(e),Aug. 16, 1984, 98 Stat. 1318, provided that: “The amendments made by this section [amending this section and sections
656,
657,
664, and
671 of this title] shall become effective October 1, 1984, and shall apply to collections made on or after that date.”

Amendment by section 21(d) ofPub. L. 98–378applicable with respect to refunds payable under section
6402 of Title
26, Internal Revenue Code, after Dec. 31, 1985, see section 21(g) ofPub. L. 98–378, set out as a note under section
6103 of Title
26.

Amendment by Pub. L. 98–369effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) ofPub. L. 98–369, set out as a note under section
401 of this title.

Effective Date of 1982 Amendment

Amendment by section 171(a), (b)(1) ofPub. L. 97–248effective on and after Aug. 13, 1981, see section 171(c) ofPub. L. 97–248, set out as a note under section
503 of this title.

Amendments by sections
2331(b),
2332(d)(2)–(7), and 2333(a), (b) of Pub. L. 97–35effective Oct. 1, 1981, except as otherwise specifically provided, see section 2336 ofPub. L. 97–35, set out as a note under section
651 of this title.

Amendment by section 2335(a) ofPub. L. 97–35effective Aug. 13, 1981, except that such amendment shall not be requirements under this section or section
503 of this title before Oct. 1, 1982, see section 2335(c) ofPub. L. 97–35, set out as a note under section
503 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–265effective July 1, 1981, and to be effective only with respect to expenditures, referred to in section
655(a)(3) of this title, made on or after such date, see section 405(e) ofPub. L. 96–265, set out as a note under section
652 of this title.

Effective Date of 1977 Amendment

Pub. L. 95–30, title V, § 502(b),May 23, 1977, 91 Stat. 162, provided that: “The amendments made by this section [amending this section] shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act [May 23, 1977].”

Effective Date of 1975 Amendment

Pub. L. 94–88, title II, § 210,Aug. 9, 1975, 89 Stat. 437, provided that: “The amendments made by this title [amending this section and sections
602,
603, and
655 of this title and enacting provisions set out as notes under sections
602 and
655 of this title] shall, unless otherwise specified therein, become effective August 1, 1975.”

Exception to General Effective Date for State Plans Requiring State Law Amendments

Pub. L. 109–171, title VII, § 7311,Feb. 8, 2006, 120 Stat. 148, provided that: “In the case of a State plan under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] which the Secretary determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this subtitle [subtitle C (§§ 7301–7311) of title VII of Pub. L. 109–171, amending this section, sections
608,
652,
653,
655,
657,
664, and
666 of this title, section
6402 of Title
26, Internal Revenue Code, and provisions set out as a note under section
1169 of Title
29, Labor], the effective date of the amendments imposing the additional requirements shall be 3 months after the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act [Feb. 8, 2006]. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.”

“(a) As a condition of the State’s eligibility for Federal payments under part A or D of title IV of the Social Security Act [42 U.S.C. 601 et seq., 651 et seq.] for quarters beginning more than 30 days after the date of the enactment of this Act [Aug. 16, 1984] and ending prior to October 1, 1985, the Governor of each State, on or before December 1, 1984, shall (subject to subsection (f)) appoint a State Commission on Child Support.

“(b) Each State Commission appointed under subsection (a) shall be composed of members appropriately representing all aspects of the child support system, including custodial and non-custodial parents, the agency or organizational unit administering the State’s plan under part D of such title IV [42 U.S.C. 651 et seq.], the State judiciary, the executive and legislative branches of the State government, child welfare and social services agencies, and others.

“(c) It shall be the function of each State Commission to examine, investigate, and study the operation of the State’s child support system for the primary purpose of determining the extent to which such system has been successful in securing support and parental involvement both for children who are eligible for aid under a State plan approved under part A of title IV of such Act [42 U.S.C. 601 et seq.] and for children who are not eligible for such aid, giving particular attention to such specific problems (among others) as visitation, the establishment of appropriate objective standards for support, the enforcement of interstate obligations, the availability, cost, and effectiveness of services both to children who are eligible for such aid and to children who are not, and the need for additional State or Federal legislation to obtain support for all children.

“(d) Each State Commission shall submit to the Governor of the State and make available to the public, no later than October 1, 1985, a full and complete report of its findings and recommendations resulting from the examination, investigation, and study under this section. The Governor shall transmit such report to the Secretary of Health and Human Services along with the Governor’s comments thereon.

“(e) None of the costs incurred in the establishment and operation of a State Commission under this section, or incurred by such a Commission in carrying out its functions under subsections (c) and (d), shall be considered as expenditures qualifying for Federal payments under part A or D of title IV of the Social Security Act [42 U.S.C. 601 et seq., 651 et seq.] or be otherwise payable or reimbursable by the United States or any agency thereof.

“(f) If the Secretary determines, at the request of any State on the basis of information submitted by the State and such other information as may be available to the Secretary, that such State—

“(1) has placed in effect and is implementing objective standards for the determination and enforcement of child support obligations,

“(2) has established within the five years prior to the enactment of this Act [Aug. 16, 1984] a commission or council with substantially the same functions as the State Commissions provided for under this section, or

“(3) is making satisfactory progress toward fully effective child support enforcement and will continue to do so,

then such State shall not be required to establish a State Commission under this section and the preceding provisions of this section shall not apply.”

Delayed Effective Date in Cases Requiring State Legislation

Pub. L. 97–248, title I, § 176,Sept. 3, 1982, 96 Stat. 403, provided that: “In the case of a State with respect to which the Secretary of Health and Human Services has determined that State legislation is required in order to conform the State plan approved under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] to the requirements imposed by any amendment made by this subtitle [subtitle E (§§ 171–176) of title I of Pub. L. 97–248, see Tables for classification], the State plan shall not be regarded as failing to comply with the requirements of such part solely by reason of its failure to meet the requirements imposed by such amendment prior to the end of the first session of the State legislature which begins after October 1, 1982, or which began prior to October 1, 1982, and remained in session for at least twenty-five calendar days after such date. For purposes of the preceding sentence, the term ‘session’ means a regular, special, budget, or other session of a State legislature.”